Yael V Levy

July 06, 2020 | New York Law Journal

A discussion of recent decisions from the U.S. Supreme Court and NY Court of Appeals construing federal and state public corruption laws. The author makes the case that New York prosecutors may now be in a better position than federal prosecutors to go after public corruption.

By Yael V. Levy

15 minute read

May 29, 2014 | New York Law Journal

By Yael V. Levy

2 minute read

February 05, 2010 | New York Law Journal

Insurer Must Establish Untimeliness of Sent Bills By Putting in Timely Denials With Date Bills Received

By Yael V. Levy

2 minute read

May 07, 2009 | New York Law Journal

Yael V. Levy, principal law clerk to Justice James M. Kindler of the Criminal Division of the New York State Supreme Court, Bronx County, writes: Felons are disqualified from serving as jurors in New York by Judiciary Law �510(4). To weed out them and other ineligible people, judges typically pre-screen venire persons by posing questions that probe their fitness. Nonetheless, disqualified persons inevitably make their way onto juries, sometimes because they misunderstand questions posed on voir dire and sometimes because they deliberately answer them falsely. This article surveys the law in this area, discusses the procedures to employ if it emerges, after a guilty verdict, that a felon served on the jury, and presents alternatives for avoiding this scenario.

By Yael V. Levy

13 minute read

February 05, 2010 | New York Law Journal

Yael V. Levy, principal Law Clerk to Justice James M. Kindler of the Criminal Division of the New York State Supreme Court, Bronx County, explores the considerations that tend to inform a judge's determination of whether to hold an evidentiary hearing on a motion to vacate a judgment of conviction or to set aside a sentence, how a defendant can optimally frame a request for a hearing, and the factors that might determine a prosecutor's position on that request.

By Yael V. Levy

15 minute read

October 05, 2009 | New York Law Journal

Yael V. Levy, principal law clerk to Justice James M. Kindler of the Criminal Division of the New York State Supreme Court, Bronx County, writes that when a state court determines that an ineffective assistance claim raised in a 440.10 motion is both procedurally barred and meritless, it should consider denying the claim on its merits if there is any question about whether compliance with the procedural rule is appropriate under the circumstances of the case. The state court, he points out, need not cite relevant case law or even explain its reasoning.

By Yael V. Levy

14 minute read

June 29, 2010 | New York Law Journal

Yael V. Levy, principal law clerk to Justice James M. Kindler of the Criminal Division of the New York State Supreme Court, Bronx County, discusses the doubtless unintended conflict between the New York and federal ineffective assistance standards.

By Yael V. Levy

12 minute read

December 19, 2008 | New York Law Journal

Yael V. Levy, principal law clerk to Bronx County Supreme Court Justice James M. Kindler, writes that while the SAVE-NY Violence Against Women Prevention Act is laudable for its recognition of the need to criminalize "no-tech" voyeurism, it does not go far enough. It would penalize only the successful Peeping Tom who actually views another in a state of undress, and contains no presumption regarding the offender's purpose in peeping, placing an unwieldy burden on prosecutors.

By Yael V. Levy

20 minute read